(A) Any employee who holds a position that is expected to continue indefinitely or for a significant period of time, or official of the city who is a member of the National Guard or of a reserve component of the armed forces of the United States, shall be entitled to military leave when such duty is in conflict with the employee’s or official’s regular work schedule. Employees and officials shall be entitled to 20 days of paid military leave per training year (October 1 to September 30) to engage in temporary active duty or to attend military funerals when such duty is in conflict with the employee’s or official’s work schedule.
(B) Under the Federal Uniform Services Employment and Reemployment Rights Act of 1994, any reservist or member of the National Guard who is returning from active duty whose cumulative absences for military service do not exceed five years or less, and possesses an honorary or general discharge, shall be guaranteed a position equivalent to the position that the employee vacated to perform the active duty unless the re- employment causes undue hardship to the city pursuant to U.S.C. 4321(d). To be eligible for re- employment, the reservist or member of the National Guard shall have:
(1) Been employed with the city in a position for which there was no reasonable expectation of an end date or the position was expected to continue for a significant period of time;
(2) Satisfactorily completed the period of active duty and possess a certificate to that effect;
(3) Met the qualifications to perform the duties of the position or, if unable to qualify, met the qualifications to perform the duties of a comparable position; and
(4) Returned to work within one of the following time parameters:
(a) For military service of less than 31 days, the employee shall return at the next regularly scheduled work day on the first full day after release from duty taking into account safe travel time plus an eight hour rest period.
(b) For military service of more than 30 days but less than 180 days, the employee shall return to work within 14 days of release from active duty.
(c) For military service of more than 180 days, the employee shall report to work within 90 days of release from military duty.
('71 Code, § 18-53) (Ord. passed 11-7-01; Am. Ord. passed 10-3- 06; Am. Ord. passed 5-7-13; Am. Ord. passed 8-2-22)